Allahabad High Court
Rajkumar Dixit vs State Of U.P. on 10 January, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10070 of 2022
Applicant :- Rajkumar Dixit
Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Goyal
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.278 of 2004, under sections 419, 420, 467, 468, 471 I.P.C., Police Station Sadabad, District Hathras, during the pendency of trial.
Facts in brief are that this applicant alongwith other co-accused perosns made signature of dead persons and got a society registered which was related to Managment of College regarding which an F.I.R. was lodged in the year 2004 and after investigation charge sheet was submitted before the learned court concerned. In the meantime, charge sheet was challenged before this Court by filing an application u/s 482 Cr.P.C. in which interim order was obtained but it was not extended further on the basis of judgment passed by Hon'ble the Apex Court in Criminal Appeal No.1375/1376 Asian Resurfacing Road Agency vs. Central Bureau of Investigation dated 28.03.2018. The learned court concerned directed the applicant to produce the order of stay of proceedings on 26.09.2018 but no such order was produced before the court that was the reason the learned trial court proceeded further. Several opportunities were given to the applicant and other co-accused persons for producing such order but neither the applicant appeared before the learned court concerned nor produced any such order as a result process was issued by it but till today applicant did not appear before the learned court concerned.
It is submitted by learned counsel for the applicant that the applicant had committed no offence. No any specific role was assigned to him. He was granted interim protection in proceedings u/s 482 Cr.P.C. which he never misused. Now in pursuance of the process of the court, the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.
Learned A.G.A. has opposed the prayer for anticipatory bail and urged that in this case the applicant has misused the order passed by this Court in application u/s 482 Cr.P.C. and after dismissal of that application, he avoided the proceedings of the learned trial court as a result process was issued against him.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A. and perusal of record, it appears that once interim relief was obtained by this applicant by filing an application u/s 482 Cr.P.C. before this Court, thereafter, interim order was not extended and even on the repeated directions made by the learned court concerned after the judgment passed by the Hon'ble Apex Court in the case of Asian Resurfacing (supra) applicant is avoiding the process of the court. In such a situation, there appears no ground to grant anticipatory bail in favour of this applicant. Hence, the anticipatory bail application is, hereby, rejected.
However, if applicant appears and moves bail/recall application before the learned court concerned, the same shall be decided as expeditiously as possible in the light of law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2021 SC 550 decided by Hon'ble the Apex Court.
Order Date :- 10.1.2023
Ashok Gupta
